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Home My WebLink AboutBREWSTER - Filed ED-EASEMENT DEDICATION - 2002-11-27RCPTN # 9g032613 P 25/89 12:05:52 # OF PT ES - 5 FEE - S25.00 M. RODENRERCER, RECORuER - LARIMER COUNTY CO ST�_ DOC FEE- $.(40 DEED OF EASEMENT THIS DEED, made this LLL'day of J u( 1989, between DAVID H. LINDSTROM and MARGARET W. LINDSTROM of the County of Larimer, State of Colorado, GRANTOR, whose address is 104 Princeton Road, Fort Collins, Colorado, 80525, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of TWO HUNDRED SIXTY AND 00/100 DOLLARS ($260.00), and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns, a perpetual easement and right-of-way to install, operate, maintain, repair, reconstruct, replace, improve, inspect and remove, at any time and from time to time a subsurface pipeline with the usual services, valves, connections, and other fixtures and appurtenances, together with a right-of-way for access, on, along, through and under all of the hereinafter described real property situated in the County of Larimer, State of Colorado, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof. As a part of the consideration hereof, and by acceptance of this Deed of Easement, the Grantee shall, at its own expense, accomplish the items listed in Exhibit "B" attached hereto and by this reference made a part hereof. In addition thereto, Grantor grants to the Grantee a temporary construction easement, being described more fully on Exhibit "A" attached hereto and by this reference made a part hereof for the purpose of constructing the aforementioned public improvements. As a condition of the granting of this temporary construction easement, the Grantee covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable with their original condition. The Grantor further grants to the Grantee: (a) the right of ingress to and egress from said easements over and across said lands of the Grantor by means of roads and lanes thereon, provided, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways. (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or structures constructed hereunder with any other number or type of public improvements, or structures either in the original location or at any alternate location or locations within said easements; (c) the right to install, maintain and use gates in all fences which now cross or shall hereafter cross said easements; (d) the right to mark the location of said easements by suitable markers set in the ground; provided that said markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or otherwise add to the ground level in said easements; (b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said easements. The Grantor states that it is the lawful owner in fee simple of the real property described herein; that it has a good and lawful right and authority to grant, sell and convey said property or any part thereof and that it warrants the title of said property. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and year first above written; and the Grantee has caused this Deed to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to g motion adopted by the City Council of the City of Fort Collins on the i8 � day of 1989. FA David H. Lin om, Grantor Varga et W. Lindstrom, Grantor STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 1.3 0` day of 1989, by David H. Lindstrom and Margaret W. Lindstrom, as Gr nt s. Witness my hand and official seal. My Commission expires: IIOLft MoocU3 Notary Public Address: \C^C, iz� D-ra\C� c- 0,;�k,�\5�Sa5 Accepted by the City of Fort Collins, Colorado this day of ul� 198-L�-. T'Ih� City Clerk (CORPORATE SEAL) ROVED AS TO FORM: Assistant City Attorney 3 CITY OFF, FORT COLLINS, OLORADO By City Manager EXHIBIT A DESCRIPTION FOR PERMANENT EASEMENT FOR LOT 46 An easement on, over and across portions of Lot 46 in South Col- lege Heights 2nd Subdivision in the Southwest Quarter of Section 24, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado and more particularly described as follows: The Southerly 65 feet of the Easterly 4 feet of the Westerly 10 feet of said Lot 46. Said permanent easement being parallel with the common line of Lot 45 and Lot 46 and ad- jacent to the existing 6 foot utility easement shown on said South College Heights 2nd Subdivision plat. The above described easement contains 260 square feet more or less. DESCRIPTION FOR A TEMPORARY EASEMENT FOR LOT 46 An easement on, over and across portions of Lot 46 in South Col- lege Heights 2nd Subdivision in the Southwest Quarter of Section 24, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado and more particularly described as follows: The Southerly 65 feet of the Easterly 2 feet of the Westerly 12 feet of said Lot 46, said temporary easement being paral- lel with the common line of Lot 45 and Lot 46. The above described easement contains 130 square feet more or less. I /'eops zrr Cyr rE _Cry P) 7`/Eo pERTI'. LitiE�TYP�,F. \... W 7 W 1 V W }} 1'J CE -F d6 irv,ns7-1�01n EXHIBIT B Grantee shall reimburse Grantor $1275.00 liquidated damages for the following trees and shrubs: 1 Silver Maple Tree ................ $1051.00 2 Upright Junipers ................. 174.00 2 Pfitzer Junipers ................. 50.00 1275.00 mrmnpamnIIM DATE: July 7, 1989 TO: Molly Davis, Deputy City Clerk FROM: Alice Faye Richardson, Right -of -Way Technician RE: South College Heights Sewer Improvements Please include the following easement on the July 18, 1989, consent agenda. Background Summary - This easement is needed for extension of the South College Heights 2nd Subdivision sewerline to Princeton Road. Homeowners in the area have had sewer problems and present locations of the manholes are inaccessible to the equipment used for proper maintenance and repair. GRANTOR: David H. Lindstrom and Margaret W. Lindstrom CONSIDERATION: $1535.00 - Total land and damages $1275 - Tree and shrub damages (Based on City Forester evaluation) $ 260 - Land (Based on residential lot sales - $20,000) LOCATION: 104 Princeton Road (See attached map)